Michelle Flaherty

The court dismissed a motion by the defendants, a real estate agent and her brokerage, to strike the plaintiff’s negligence claim.

The defendants argued the claim was within the exclusive jurisdiction of the Landlord Tenant Board (LTB), was statute-barred, and disclosed no reasonable cause of action.

The court found the LTB did not have jurisdiction over claims of real estate agent negligence, the limitation period had not clearly expired, and the statement of claim disclosed all elements of negligence.

The action was allowed to proceed.

The applicant, a dangerous offender serving an indeterminate sentence, brought a habeas corpus application alleging that Correctional Service Canada (CSC) failed to provide him with sufficient rehabilitation opportunities, thereby violating his liberty by depriving him of the chance to obtain a lower security level or parole.

He sought unconditional release or, alternatively, transfer to a minimum-security institution.

The court dismissed the application, finding that many of the applicant's arguments challenged the Parole Board's decisions, which fall within its exclusive jurisdiction.

Furthermore, even if CSC programming issues were outside the Parole Board's jurisdiction, the applicant failed to demonstrate a deprivation of residual liberty, as merely losing an opportunity for greater liberty or a transfer to a less restrictive environment does not constitute such a deprivation for habeas corpus purposes.

The court concluded there was no basis to find his detention unlawful.

The applicants brought a motion challenging the validity of their mother's will and the interpretation of a clause granting one of the respondents the option to purchase the family home for the remaining mortgage amount.

The court found the will valid, as the testator had acknowledged her signature in the presence of two witnesses, satisfying the strict compliance requirements of the Succession Law Reform Act.

The court also applied the armchair rule to interpret the purchase option, concluding the testator intended for the respondent to have the option to acquire the home even though the mortgage balance was zero at the time of death.

The estate trustee was ordered to pass accounts.

The applicant challenged $776,000 in inter vivos transfers made by her elderly father to her brother, the respondent, in the 20 months prior to the father's death.

The applicant argued the transfers were void due to a resulting trust and undue influence, citing the father's dementia.

The court found that a $500,000 transfer was a valid gift, corroborated by a signed Gift Letter and the evidence of an investment advisor.

However, the court held that a $98,000 cheque and $178,000 in e-transfers were not valid gifts, as the respondent failed to rebut the presumption of a resulting trust with corroborating evidence.

The application was allowed in part.

The applicant, a commercial real estate financing company, sought a receivership order over the debtor and beneficial owners of properties due to loan default, outstanding interest, and unpaid municipal taxes.

The court considered factors for appointing a receiver, including the contractual right to appointment and the respondents' lack of transparency and uncertain sale prospects.

The application was granted, and a receiver was appointed.